Property Demolition - Regeneration Service - Properties
Affected
The Council must by law, review the housing
conditions in its area at least once a year. This does not
necessarily mean an annual physical inspection of all housing. The
main purpose of the review is to maintain an awareness of the state
of the stock and determine the best way to deal with housing
conditions having regard to available funding as well as other
factors.
Decision to Declare a Clearance Area
If the Council considers that clearance is the
best way to deal with a group of houses which are unfit or in poor
repair, the properties concerned may be included within a clearance
area and subsequently be demolished. Should the need arise, the
following procedure would be put into place.
The First Steps in the Procedure
Regular reviews of housing conditions will
highlight properties that are suffering from high levels of
unfitness. The Council must first decide to include properties in
principle in a clearance area, based on the estimated levels of
unfitness. In order to seek a Council decision to do this, a report
must be produced and the recommendation agreed by the Council. The
Council must then carry out a detailed internal and external
inspection of all the houses it proposes to include in clearance.
Following the survey of the houses, the Council will be able to
decide whether, in its opinion, the houses are unfit for habitation
and whether or not the best way of dealing with the unfit houses is
by their demolition. Following the decision to include the
properties in a proposed clearance area the Council must carry out
formal consultation of all owners.
Formal Consultation Process
The Council must consult with all persons who
have a legal interest in the unfit properties. These may be
owner-occupiers, landlords, financial institutions e.g. banks,
building societies.
An advertisement will be placed in the local
press indicating that the Council intends to include the houses in
a clearance area.
In addition, the Council also sends a formal
notice to all interested parties of the unfit houses, inviting them
to submit any comments they have or make representations to the
Council within 28 days of receiving the notice. There is also an
assessment of the future housing requirements of those that would
be displaced by clearance so that their housing needs can be
accommodated.
Owners of properties that are fit for habitation
will not receive a formal notice and their properties will not
appear in the press advertisement. They will however, receive a
letter asking them for their comments on the clearance proposal
within 28 days as their properties will be included in the
compulsory purchase order as added lands.
All tenants will also be consulted on the
proposal and their views will also be taken into
account.
Individual Properties - Demolition Owner/Occupied and Tenanted
Dwellings
If the Council becomes aware of a dwelling which
is unfit for human habitation and it is considered that the most
satisfactory course of action is demolition, the Council must make
a demolition order.
The order will require the premises to be vacated
within a specified period and be demolished within 6 weeks after
the end of that period.
The Council will have regard to the rehousing
needs of any persons displaced. The owner is responsible for the
demolition of the structure and retains site ownership. The Council
will pay compensation to the owner and or tenant(s) as
appropriate.
Other Demolitions
Where it is intended to demolish a building, it
is generally necessary for notice to be given to the Council
(
Development Control), except for those buildings which are
exempt from such control.
These include:
- An internal part of an occupied
building.
- A building having an external size of less than
50m3.
- Part of a larger building that consists of an
attached conservatory, shed, greenhouse or garage.
- A building used solely for agricultural
purposes.
The notice should be served before any work
commences, it should be in writing and specify the building to be
demolished. A copy of the notice should also be sent to:
- The occupiers of any building adjacent to the
building to be demolished.
- Any public gas supplier (Transco).
- Any public electricity supplier (Eastern
Electricity).
When the Council receives notification of
intention to demolish a building, it can serve a counter notice,
which sets down various conditions in respect of the manner in
which the demolition is to be carried out, and other matters to
secure the general health and safety of adjacent owners/general
public.
These conditions may relate to the disconnection
of services such as gas, water, electricity and drainage, the
protection of abutting or adjacent buildings and the effective
sealing of the site while the works are undertaken.
Demolition work should not commence until
either:
- The Council has served a counter notice on the
person intending to carry out the demolition or
- Six weeks has expired since written notification
of the intended demolition was given to the
Council.
Health and Safety
Safety requirements in connection with demolition
of buildings are laid down in the Construction (Health, Safety and
Welfare) Regulations, the enforcement of which is the
responsibility of the Health and Safety
Executive.
Planning Permission
It is essential to discuss any demolition
proposals with the Council's
Development Control Section and specifically where:
- The building is listed or
- In a conservation area or
- Includes a dwelling
Please contact Environmental Services Residential
Health Section if you require further information.
Contact Details:
Telephone: 01255 686744
E-mail:
environmental.services@tendringdc.gov.uk
Address: Environmental Services, Council Offices,
Thorpe Road, Weeley,
Essex, CO16
9AJ
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